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TOPIC: Assessment 3 months after wining ESA tribunal?

Assessment 3 months after wining ESA tribunal? 1 year 7 months ago #138319

ESA Assessment and Mandatory reconsideration failed.
Which way to go next?
Yes I am appealing, have all the guides saved, CAB appointment made etc.
All my funding has been stopped, I have no income but some savings left to tidy me over for a couple of months.
But which way to go next? Wait for Appeal request before asking for ESA again, or try Income support? Job seekers allowance defeats the purpose of being ill. I have no idea which route to take or what loops I'll have to jump through with any of them.
Feeling a little overwhelmed and unable to make decisions.

:(
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Assessment 3 months after wining ESA tribunal? 1 year 7 months ago #138327

  • Gordon
  • NOW ONLINE
  • Forum Moderator
Ana

Welcome to the forum.

I'm afraid your options are limited.

You don't say what the result of your claim was but if you were found Fit for Work then although you can make a new claim for ESA immediately, you will not be paid on it until a new Decision is made, unless you can show that you have a new condition or that there has been a documented deterioration in your existing ones likely to mean that you would receive an award.

You cannot normally claim Income Support unless you are a single parent with a child under 5 or you are a carer.

Claiming JSA will not effect your eligibility for ESA in regard to any appeal.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Assessment 3 months after wining ESA tribunal? 1 year 7 months ago #138366

Thank you for your reply Gordon.
I received 6 points in total, so was found fit for work. The fact that I can't repeat activity without having to rest for hours was ignored, as well as many other things. I'll spare you the details.
So what you say is the only way to get some income is to apply for JSA? I thought I could go back on ESA (assessment rate) after an appeal is lodged, without it being a new claim? Or am I confusing myself?
Ana
Last Edit: 1 year 7 months ago by bro58.
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Assessment 3 months after wining ESA tribunal? 1 year 7 months ago #138367

  • bro58
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ana wrote:
Thank you for your reply Gordon.
I received 6 points in total, so was found fit for work. The fact that I can't repeat activity without having to rest for hours was ignored, as well as many other things. I'll spare you the details.
So what you say is the only way to get some income is to apply for JSA? I thought I could go back on ESA (assessment rate) after an appeal is lodged, without it being a new claim? Or am I confusing myself?
Ana

Hi a,

The only way that you can obtain some "income" from benefits is to claim JSA whilst the Mandatory Reconsideration (MR) process is ongoing.

Once you have gone through The MR process, and received the written MR Notice letter, if unsuccessful you can then lodge an appeal directly with The Tribunal Service (TS) using the MR Notice and : The SSCS 1 Form.

This is explained in our : ESA Appeals/MR Guidance @ page 12.

Only once the TS have accepted your appeal can you revert back to ESA from JSA and receive assessment rate ESA payments.

You should be able to apply for JSA with reduced conditionality to take into account your limitations/disabilities.

You should obtain fresh fit notes from your G.P. to cover you from the date of the fit for work decision.

If you are to claim JSA keep hold of the fit notes and only present them to the DWP if/when you are to revert back to ESA.

The DWP should then close your JSA claim and ESA should be paid instead.

If you can manage through the MR process without claiming JSA, again, keep hold of the fit notes, then when you are reverting back to ESA present them to The DWP.

You should then be paid Assessment Rate ESA from the date of the fit for work decision (covered by the fit notes) to date.

N.B. Obviously you cannot be paid JSA and ESA to cover the same period of time, it is one or the other.

See also : Mandatory Reconsiderations Explained

&

Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

As Gordon says, claiming JSA with reduced conditionality during the MR process should not have any adverse effect on your ESA MR/Appeal.

That is the way that it has been for some time.

See a previous post on this issue : Here.

Hope that helps !!

bro58
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: 1 year 7 months ago by bro58.
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The following user(s) said Thank You: ana

Assessment 3 months after wining ESA tribunal? 1 year 7 months ago #138369

  • Gordon
  • NOW ONLINE
  • Forum Moderator
ana wrote:
Thank you for your reply Gordon.
I received 6 points in total, so was found fit for work. The fact that I can't repeat activity without having to rest for hours was ignored, as well as many other things. I'll spare you the details.
So what you say is the only way to get some income is to apply for JSA? I thought I could go back on ESA (assessment rate) after an appeal is lodged, without it being a new claim? Or am I confusing myself?
Ana

I'm sorry you are perfectly correct, if this was your first Fit for Work Decision or the first since an ESA award was made then you will receive the ESA Assessment rate while you wait for a hearing. Once the appeal is accepted by HMCTS you need to notify the DWP and they will re-instate your ESA, you will need to provide a Fit Note from the day after your ESA was stopped, for back payments to be made and an on-going one for future payments.

I clearly had brain fog this afternoon :blush: :blush: :blush:

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: 1 year 7 months ago by Gordon.
The administrator has disabled public write access.

Assessment 3 months after wining ESA tribunal? 1 year 7 months ago #138373

Hi Gordon

Worry not, I can barely think straight myself, specially under stress.
Wonder if my Dr will back date a fit note, considering my usual GP retired and the one I'm seeing tomorrow, well, it's our first meeting......we shall see.
Whatever the case now I know the path to take.
Thank you that is helpful.

Ana
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The following user(s) said Thank You: Gordon
Moderators: bro58, Gordon, Mrs Hurtyback, shelam
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